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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Mayor and Common Council
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
DATE:
January 27, 1992
RE:
Mobile Home Rent Control - Vacancy Control
When considering whether to repeal the provision of the City's
Mobile Home Rent Control ordinance relating to the restriction on
increasing rents on a mobile home space sold to a new tenant, the
Council asked that our office determine what the City of Rialto is
doing in this area. We therefore contacted Mr. Robert A. Owen, the
City Attorney for the City of Rialto. He informed us that as yet
the City of Rial to has not done anything but he is drafting a
proposal. The proposal would provide that when the park owner
receives a notice of intent to vacate a tenancy pursuant to Civil
Code S798.59, or if he finds out through any other means that the
mobile home owner is planning to sell his mobile home, then the
park owner can apply for a rental increase. Mr. Owen contends that
such a process would establish an administrative remedy and the
failure to exhaust such remedy would be cause for a court not
granting the judicial relief.
We believe the Rialto City Attorney is in error.
The federal cases coming out of the Ninth Circuit Court of
Appeal have held that a vacancy control provision is an actual
physical occupation of the park owner's property by the City (Hall
v. Santa Barbara (1986) 833 F2d 1270, 1275-1279)
"When the alleged taking occurs as a result of a physical
occupation of the property, the landowner need not
exhaust administrative remedies before suing in federal
court: 'where there has been a physical invasion, the
taking occurs at once, and nothing the City can do or say
after that point will change that fact.' Hall, 833 F2d
at 1282 n. 28." (Azul Pacifico, Inc. v. City of Los
Angeles (1991) 948 F2d 575, 579).
The Azul Pacifico court concluded that the taking occurred
when the ordinance was passed and not when the mobile homes were
sold (at 584). As quoted above, the court concluded:
" . and nothing the City can do or say after that
point will change that fact." (Hall, 833 F2d at 1282, n.
28, quoted in Azul Pacifico, 948 F2d at 579)
DAB/jS/MHRC.Mem
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Should the City change the ordinance it would change what
. ,
would otherw1se be a permanent taking into a less costly temporary
one (See Azul Pacifico, Inc. v. City of Los Angeles (1991) 948 F2d
575), but attaching an administrative process to the ordinance does
not seem to be sufficient.
The proposal by Rialto to have an administrative hearing for
a rent increase is similar to San Bernardino's hardship rent
increase procedure, just somewhat earlier in time. We don't see
the Court ould note any legal difference.
,
,
DAB/jS/MHRC.Mem
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MC-802
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050
RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT
STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Subsection D of Section 8.90.040 of the San
Bernardino Municipal code is hereby amended to read as follows:
"D. 'Tenant' means any person entitled to
or proposing to occupy such mobile home
unit or space pursuant to an oral or
wri tten lease Hi th the owner thereof, or
pursuant to some other rental agreement
with the owner, lessor, operator or manager
thereof."
SECTION 2.
Subsection E of Section 8.90.050 of the San
Bernardino Municipal Code is hereby renumbered as Subsection F.
SECTION 3. Subsection E is hereby added to Section 8.90.050
of the San Bernardino Municipal Code to read as follows:
"E. Before any rental agreement or lease agreement in
excess of 12 months is executed by an existing or
prospective tenant the landlord must (1) offer the
tenant the option of a rental agreement for a term of
12 months or less, (2) provide the tenant with a copy
of the Mobile Home Park Rent Stabilization Ordinance,
and (3) inform the tenant both orally and in writing
that if the tenant signs a lease agreement or rental
agreement with a term in excess of 12 months, the lease
agreement or rental agreement may not be subject to the
DAB/ses/MobiHom3.ord
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July 3, 1991
MC-802 _
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terms and protections of the Mobile Home Park Rent
Stabilization Ordinance."
SECTION 4. URGENCY. The Mayor and Common Council do hereby
find that pursuant to an unintended provision in SB 2009 (Chapter
1046 of the Statutes of 1990), some mobile home park owners were
requiring that prospective tenants execute long term leases in
order to move into the parks, thus taking such spaces out of the
protection of the City's Mobile Home Park Rent Stabilization
Ordinance (San Bernardino Municipal Code Chapter 8.90), and
severely limiting the housing options available to these
prospective tenants. By the passage of SB 132 (Chapter 24 of the
Statutes of 1991) the legislature eliminated this unintended
provision and allowed local jurisdictions to extend the protection
of their Mobile Home Rent Control Ordinances to these prospective
tenants as well. The Mayor and Common Council do hereby find that
it is in the best interests of the citizens of the City of San
Bernardino to assist those who are seeking housing in mobile home
parks to have every option available under the law. The Mayor and
Common Council do further find that many such tenants and
prospective tenants are elderly andlor on fixed means and need the
opportunity to protect their incomes. In order to protect the
public health, safety and welfare it is necessary that this
ordinance take effect immediately to insure that prospective
mobile home park tenants are not unnecessarily required to sign
long term leases without the full benefit of choice that the law
allows.
III
III
DAB/ses/MobiHom3.ord
July 3, 1991
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MC-802
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AN ORDINANCE. . . RELATING TO LONG TERM LEASES UNDER THE MOBILE
HOME PARK RENT STABILIZATION ORDINANCE.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 15th
July
, 1991, by the following vote, to wit:
The foregoing ordinance is hereby appro~;this
July ,1991. /1
/7;~/.2r/ . /
./ /;:;::- L',' ,/ /2----"
W. R. Hoacomb y.Mayor
City of San Bernardino
day of
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY~
DAB/ses/MobiHom3.ord
AYES
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NAYS
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16th day
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July 3, 1991
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE
HOMES IN MOBILE HOME PARKS .
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Subsection 8.90.050.B.2 of the San Bernardino
7 Municipal Code is hereby repealed.
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DAB/js/Increase.Ord
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO. MUNICIPAL CODE
RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE
HOMES IN MOBILE HOME PARKS
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the fOllowing vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~
DAB/js/Increase.Ord
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Mayor and Common Council
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
January 27, 1992
DATE:
RE:
Mobile Home Rent Control - Vacancy Control
When considering whether to repeal the provision of the City's
Mobile Home Rent Control ordinance relating to the restriction on
increasing rents on a mobile home space sold to a new tenant, the
Council asked that our office determine what the City of Rialto is
doing in this area. We. therefore contacted Mr. Robert A. Owen, the
City Attorney for the City of Rialto. He informed us that as yet
the City of Rial to has not done anything but he is drafting a
proposal. The proposal would provide that when the park owner
receives a notice of intent to vacate a tenancy pursuant to Civil
Code ~798.59, or if he finds out through any other means that the
mobile home owner is planning to sell his mobile home, then the
park owner can apply for a rental increase. Mr. Owen contends that
such a process would establish an administrative remedy and the
failure to exhaust such remedy would be cause for a court not
granting the judicial relief.
We believe the Rialto City Attorney is in error.
The federal cases coming out of the Ninth Circuit Court of
Appeal have held that a vacancy control provision is an actual
physical occupation of the park owner's property by the City (Hall
v. Santa Barbara (1986) 833 F2d 1270, 1275-1279)
"
"When the alleged taking occ~rs as a result of a physical
occupation of the propert~ the landowner need not
exhaust administrative reme ies before suing in federal
court: 'where there has be a physical invasion, the
taking occurs at once, and nqthing the City can do or say
after that point will chang~ that fact.' Hall, 833 F2d
at 1282 n. 28." (Azul Paci:fico, Inc. v. City of Los
Angeles (1991) 948 F2d 575, 579).
The Azul Pacifico court concluded that the taking occurred
when the ordinance was passed and not when the mobile homes were
sold (at 584). As quoted above, the court concluded:
". . . and nothing the City can do or say after that
point will change that fact." (Hall, 833 F2d at 1282, n.
28, quoted in Azul pacifico, 948 F2d at 579)
DAB/jS/MHRC.Mem
..
tf3{)
.
~
C]
o
Should the City change the ordinance, it would change what
would otherwise be a permanent taking into a less costly temporary
one (See Azul Pacifico, Inc. v. City of Los Angeles (1991) 948 F2d
575), but attaching an administrative process to the ordinance does
not seem to be sufficient.
The proposal by Rialto to have an administrative hearing for
a rent increase is similar to San Bernardino's hardship rent
increase procedure, just somewhat earlier in time. We don't see
that the COU~Uld note any legal difference.
~LOW '4.1~ J
,
,
DAB/jS/MHRC.Mem
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('~
c:>
ORDINANCE NO.
MC-802
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050
RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT
STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Subsection D of Section 8.90.040 of the San
Bernardino Municipal code is hereby amended to read as follows:
"D. 'Tenant' means any person entitled to
or proposing to occupy sllch mobile home
unit or space pursuant to an oral or
wri tten lease ~1i th the owner thereof, or
pursuant to some other rental agreement
with the owner, lessor, operator or manager
thereof."
SECTION 2.
Subsection E of Section 8.90.050 of the San
Bernardino Municipal Code is hereby renumbered as Subsection F.
SECTION 3. Subsection E is hereby added to Section 8.90.050
of the San Bernardino Municipal Code to read as follows:
"E. Before any rental agreement or lease agreement in
excess of 12 months is executed by an existing or
prospective tenant the landlord must (1) offer the
tenant the option of a rental agreement for a term of
12 months or less, (2) provide the tenant with a copy
of the Mobile Horne Park Rent Stabilization Ordinance,
and (3) inform the tenant both orally and in writing
that if the tenant signs a lease agreement or rental
agreement with a term in excess of 12 months, the lease
agreement or rental agreement may not be subject to the
DAB/ses/MobiHom3.ord
1
JUly 3, 1991
MC-802 C'...)
o
1 terms and protections of the Mobile Home Park Rent
2 stabilization Ordinance."
3 SECTION 4. URGENCY. The Mayor and Common Council do hereby
4 find that pursuant to an unintended provision in SB 2009 (Chapter
5 1046 of the Statutes of 1990), some mobile home park owners were
6 requiring that prospective tenants execute long term leases in
7 order to move into the parks, thus taking such spaces out of the
8 protection of the City I s Mobile Home Park Rent Stabilization
9 Ordinance ( San Bernardino Municipal Code Chapter 8.90) , and
10 severely limiting the housing options available to these
11 prospective tenants. By the passage of SB 132 (Chapter 24 of the
12 Statutes of 1991) the legislature eliminated this unintended
13 provision and allowed local jurisdictions to extend the protection
14 of their Mobile Home Rent Control Ordinances to these prospective
15 tenants as well. The Mayor and Common Council do hereby find that
16 it is in the best interests of the citizens of the City of San
17 Bernardino to assist those who are seeking housing in mobile home
18 parks to have every option available under the law. The Mayor and
19 Common Council do further find that many such tenants and
20 prospective tenants are elderly andlor on fixed means and need the
21 opportunity to protect their incomes. In order to protect the
22 public health, safety and welfare it is necessary that this
23 ordinance take effect immediately to insure that prospective
24 mobile home park tenants are not unnecessarily required to sign
25 long term leases without the full benefit of choice that the law
26 allows.
27 III
28 III
DAB/ses/MobiHom3.ord
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July 3, 1991
MC-802
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AN ORDl:NANCE. . . RELATl:NG TO LONG TERM LEASES UNDER THE MOBl:LE
HOME PARK RENT STABl:Ll:ZATl:ON ORDl:NANCE.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 15th
July
, 1991, by the following vote, to wit:
The foregoing ordinance is hereby appro~;thiS
July , 1991. /'7//' .'
~///r/ /
. w: R./Hoac':~YOr
City of San Bernardino
day of
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY.J~
DAB/ses/MobiHom3.ord
AYES
NAYS
ABSTAIN
x
x
x
x
x
x
x
ciff~ ~
16th day
3
July 3, 1991